Areas of Practice
- New Jersey
- New York
- U.S. District Court, District of New Jersey
- U.S. Bankruptcy Court, District of New Jersey
- U.S. District Court, Southern District of New York
- U.S. Bankruptcy Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- U.S. Bankruptcy Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. Bankruptcy Court, Northern District of New York
- U.S. District Court, Western District of New York
- U.S. Bankruptcy Court, Western District of New York
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Supreme Court
- J.D., Boston University School of Law, 2003
- B.A., Cornell University, 1999
Samit G. Patel
Samit G. Patel represents banking and corporate clients in New York and New Jersey State and Federal Courts in a variety of matters and regularly advises officers and executives on litigation and transactional strategies. His experience includes litigating claims involving mortgage and mechanic’s lien foreclosures, commercial and business loan defaults, FDCPA, TILA, RESPA, mortgage priority disputes, title and property (including loss payee) insurance claims, breach of contract, fraud, conversion, forfeiture, and unfair and deceptive business practices. Samit also has extensive appellate practice experience and has successfully litigated numerous high profile appeals involving mortgage foreclosure. He has also represented lenders in post-foreclosure litigation, State and Federal governmental investigations and inquiries, and subpoena compliance matters.
Areas of Concentration
- Lender liability
- Wrongful foreclosure litigation
- Loan enforcement and workouts
- Subpoena compliance
- Real estate litigation
- Technical defaults on commercial loans
- Civil Rights and Internal Investigations Unit
- Financial Institutions
- Real Estate
- Banking and Financial Services
- Successfully handled proceedings before the U.S. Supreme Court in an action alleging violation of the ECOA and tortious interference with prospective business.
- Obtained a dismissal of claims alleging fraud and civil-RICO violations in the U.S. District Court for the Eastern District of New York
- Obtained a dismissal of claims alleging breach of fiduciary duty, unjust enrichment, and fraudulent misrepresentation in the U.S. District Court for the Southern District of New York
- Obtained a dismissal of a loan purchaser’s claims for breach of contract, fraudulent inducement, fraud, negligent misrepresentation, and unjust enrichment in the New York State Supreme Court.
- Obtained dismissal of multiple RESPA claims alleging improper loss mitigation procedures under 12 C.F.R. § 1024.41, including dual tracking and failure to respond to facially complete loss mitigation application, Requests for Information (RFIs) and Notices of Error (NOEs), in the S. District Court for the Eastern District of New York.
- Successfully litigated an appeal involving the Uniform Commercial Code and the issue of standing to commence a foreclosure action in the Supreme Court of the State of New York, Appellate Division, Second Department.
- Successfully litigated numerous contested actions for breach of line of credit agreements and contested mortgage foreclosures, including at the appellate level.
- Successfully negotiated numerous complex commercial loan modification and workout agreements
- Obtained an Order quashing multiple subpoenas at a pre-motion conference without the necessity of filing a formal motion in the U.S. Bankruptcy Court for the Southern District of New York.
- Prepared lending officer in connection with a trial subpoena issued in New York State Supreme Court.
- Coordinated a large-scale document production in response to a subpoena issued by the U.S. Bankruptcy Court for the Northern District of New York.
- Successfully resolved federal tax lien enforcement action brought by U.S. Department of Justice in the U.S. District Court for the Eastern District of New York.
- Obtained a dismissal of a public adjuster’s claims for equitable lien, unjust enrichment, breach of fiduciary duty, and conversion in the Superior Court of New Jersey.
- Advise commercial lenders on technical defaults concerning financial reporting requirements, DSCR requirements, potential prohibited transfers, and violations and litigation affecting mortgaged commercial real estate.
Professional & Community Activities
Member, New York State Bar Association
News & Speaking Engagements
- December 19, 2017
- May 11, 2017
- Marianne McCarthy and Samit Patel Discuss Foreclosure Auction Bidding on NYC Real Estate with the New York PostNovember 15, 2016
- January 15, 2015
- July 31, 2013